法律论证:一个关于司法过程的理论神话——以王斌余案检验阿列克西法律论证理论

阿列克西的法律论证理论无力为司法程序和司法判决提供有用的启示和指导,这种理论的前提缺乏经验基础,论证也出现了自相矛盾,并且由于忽略了司法过程中的交易成本和权力运作而从总体上误解了司法过程所追求的现实目标。当法官从实在法范围内无法获得令人满意的判决结果时,应当求助于社会科学的论证,而不是道德哲学的论证,后者无力为法律疑难问题提供决策方案,充其量也只能够大致满足公众寻找正当性依据的心理需求。     

关于“法理分析”和“法律分析”的断思

经过二十余年的法学复兴,中国学者开始重视法学方法论的研究,其中以法律分析、法理分析、法理透视、法哲学思考命名的论文日益增多.这表明学者已认识到法学乃至于法理学是一门相对独立的学科,其学科知识的体系性、思维方式的独特性已受到程度不同的关注.但是,那种简单贴标签式的命题值得推敲.本刊编辑陈立风与山东大学法理学专业的部分师生举办对法律分析和法理分析进行反思的小型学术沙龙,展开了对话式的探讨.现刊载部分,意在引起学界对此问题的共鸣.     

Portable high‐resolution automated 3D imaging for footwear and tire impression capture

The forensic science community raised the need for improved evidence recognition, collection, and visualization analytical instrumentation for field and laboratory use. While the 3D optical techniques for imaging static objects have been extensively studied, there is still a major gap between current knowledge and collecting high‐quality footwear and tire impression evidence. Among optical means for 3D imaging, digital fringe projection (DFP) techniques reconstruct 3D shape from phase information, achieving camera‐pixel spatial resolution. This paper presents a high‐resolution 3D imaging technology using DFP techniques dedicated to footwear and tire impression capture. We developed fully automated software algorithms and a graphical user interface (GUI) that allow anyone without training to operate for high‐quality 3D data capture. We performed accuracy evaluations and comparisons comparing with the commercial high‐end 3D scanner and carried out qualitative tests for various impressions comparing with the current practices. Overall, our technology achieves similar levels of accuracy and resolution with a high‐end commercially available 3D scanner, while having the merits of being (1) more affordable; (2) much easier to operate; and (3) more robust. Compared with the current practice of casting, our technology demonstrates its superiority because it (1) is non‐destructive; (2) collects more evidence detail than casts, especially when an impression is fragile; (3) requires less time and money to collect each piece of evidence; and (4) results in a digital file that can easily be shared with other examiners.     

Eastern Mediterranean Gas Discoveries: Local and Global Impact

The ongoing discoveries of natural-gas reserves in the eastern Mediterranean region significantly affect international relations. Since their viability has been increasingly confirmed, they have attracted public attention in the international energy market. Focusing on current gas production and trading in the Middle East, this paper studies the anticipated impact of gas production in the sea on geopolitical relations in the Middle East and investigates how these results may change the geoeconomic strategies of global energy-market players as well as nearby countries. In addition, our analyses provide comprehensive insights into the evolution of gas discoveries in the Eastern Mediterranean.     

中国沿海外商直接投资外移趋势分析

受外商投资区位优势加速变迁,国际经济环境剧烈变动,尤其是全球金融危机冲击实体经济,各国对国际直接投资(FDI)的争夺日趋激烈等因素影响,中国沿海地区劳动密集型制造业的FDI大量外移。减少FDI向国外转移,促进其向内地转移,既有利于沿海发达地区经济结构升级,又有利于推动内地经济发展和对外开放,加快中国工业化进程,增加国内就业机会。促进沿海劳动密集型制造业的FDI内移,必须正视中国二元经济结构的现实,避免工业化进程中好高骛远,选择内地区域中心,形成产业集群效应,拓展产业链条,降低外商投资内地的综合成本。     

Gender,ethnicity and feminism: an intersectional analysis of the lived experiences feminist academic women in UK higher education

Studies have begun to explore how those women academics committed to social justice, namely feminist academics, are navigating the increasingly managerial Academy. To understand how these multiple social identities, including gender and ethnicity, interact and intersect, this paper adopts an intersectional approach to understanding the heterogeneity of women’s experiences in academia. Five focus groups with feminist academics (n = 6–10 in each focus group) reveal concerns of hampered career progression as a consequence of being female and openly feminist. Some ethnic minority academics felt that they were forced to choose between a feminist identity or that of their ethnic background. For some women, their feminist identity provided opportunities for challenging dominant practices. The paper concludes that the heterogeneity of feminist academics’ experiences within academia is under-researched and that the lens of intersectionality helps to illuminate this. This paper advances understanding of multiple identities at work, though demonstrating that intersectionality can lead to the accumulation of advantage as well as disadvantage in relation to social identities such as gender and ethnicity, and a political identity such as feminist.     

Exploring Millennial Generation in Task Values and Sector Choice: A Case of Employment in Planning

This study investigates task values and motivations of “millennial” generation of planners and identifies important factors affecting their public sector choices. Multinomial logistic regression comparing the task values and specializations in private and nonprofit sectors with public sector was performed. Millennial generations in public sector value communication and implementation tasks where at young workers in private and nonprofit sector place importance on tasks related to administration and plan and policy development. The finding indicates private companies give favorable opportunities to the young workers to take leadership role in projects and appreciate their management skills to operate the programs and plans.     

Molecular Identification of Necrophagous Dermestes Species in South Korea Using Cytochrome c Oxidase Subunit I Nucleotide Sequences (Genus Dermestes)

Species identification of necrophagous insects found on a dead body is an essential key in applying medicolegal entomology to the estimation of postmortem interval (PMI). Due to limited morphological identification of insect evidence, several studies have identified species using molecular information such as DNA markers. While considerable cytochrome c oxidase subunit I (COI) gene sequence data of necrophagous fly species have been collected and annotated, those of necrophagous beetle species have not. Since necrophagous beetles such as Dermestes species have a larval period longer than that of flies, beetles are useful in even the late decomposition phase in estimating minimum PMI. To obtain the full-length COI gene sequences of six Dermestes species collected from South Korea, we designed primers for polymerase chain reaction amplification and sequencing. The obtained full COI nucleotide sequences were used for performing phylogenic analysis and comparison with previously reported sequences. The results demonstrated that the COI gene sequences could be used to identify forensically important Dermestes species in South Korea.     

Simplified Direct PCR Method for Reference Buccal Samples Using a Non-FTA Card by Omitting the Pretreatment Step

When using non-FTA cards in commercial multiplex STR kits for direct PCR, pretreatment steps with specific buffers are recommended. Here, we designed a rapid direct PCR method utilizing a non-FTA card, Oral Cell Sampling Kit, by omitting the pretreatment step involving Prep-n-Go™ Buffer, and it showed compatibility with the GlobalFiler™ Express PCR Amplification Kit, GlobalFiler™ PCR Amplification Kit, and PowerPlex^® Fusion system. To optimize the PCR conditions, we tested the method with different final PCR volumes and cycles. Finally, we conducted a performance test using 50 Korean buccal samples and confirmed the high performance of the method, detecting more than 90% of the samples with full profiles when using GlobalFiler™ PCR Amplification Kit and PowerPlex^® Fusion system at 29 cycles in a 10 μL final PCR volume. Thus, we report a simple direct PCR set-up to analyze reference samples collected using a non-FTA card manufactured in Korea.     

Cooperation Coupled with Conflicts: Korea–Japan Relations in the Post-Cold War Era

This article addresses a profoundly curious question of why Korea and Japan conflict with each other despite deepening ties and growing transactions. In contrast to the existing explanations, this article makes three analytical innovations. First, for inducing cooperation between Korea and Japan, what matters is convergence/divergence of external threat perception, not the magnitude of threat. Second, history is not a constant but a variable. Historical contentions can be escalated or deescalated depending on political situations. Third, the role of the US in managing Korea–Japan relations is important but not determinant. The style of US engagement in East Asia serves as an intervening variable for conflict management. This article suggests that frictions are highest when historical contentions are escalated and external threat perception diverges. On the other hand, cooperation potential is highest when historical contentions are deescalated and threat perception converges.